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Case Lesson: Del. Pharmacy Selection

18 Aug, 2023 Frank Ferreri

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Wilmington, DE (WorkersCompensation.com) -- Those who read regularly our sister site, Simply Research, know that the State of Delaware has a rule about physician selection. What is that rule?

In Delaware, an employee has the right to treat with any physician, surgeon, dentist, or other medical provider of their choice. The employer can require that the employee have an examination performed by their doctor to substantiate the claim.

But what about filling a prescription?

The Delaware Supreme Court addressed that question a few years ago in Boone v. Syab Services/Capitol Nursing, 2013 WL 3777153 (Del. 07/16/13).

In the case, the employer required the worker, who had a low back injury, to have her prescriptions filled by its preferred provider, Express Scripts. The employee preferred to have the scripts filled at her doctor's office because it was more convenient for her.

The case made its way all the way up to Delaware's highest court, which drew a distinction between physician's and pharmacies.

"The workers' compensation statute provides employees with the absolute right to choose certain ... physicians, the court explained, but "does not include 'pharmacist' or 'pharmacy.'"

Thus, there was nothing wrong with the employer requiring the worker to use Express Scripts.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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